763 S.E.2d 64
W. Va.2014Background
- Private parties Lowes and Hegyi Trust dispute interstate boundary along WV-VA line; Lowes seek ejectment/adverse possession, asserting WV boundary south line N. 50°16'09" W; Hegyi seeks right-of-way across Lowes’ property; circuit court dismissed for lack of jurisdiction and failure to join indispensable parties.
- Dispute centers on whether WV circuit court or federal/state mechanisms control boundary determination between states.
- Court previously held Durfee and related cases show private parties may litigate boundary location in state courts without binding the states; boundary issues do not require Supreme Court intervention when states are not parties.
- Lower court also relied on WV Code § 29-23-2 to require Boundary Commission action; court held this statute does not authorize private requests and is non-discretionary.
- Appellants argued WV and VA are not indispensable due to private dispute; court finds States are not required parties in private boundary actions between non-state actors.
- Decision: reversed and remanded for further proceedings.*
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether circuit court had subject matter jurisdiction over boundary dispute | Lowes: circuit court can decide boundary location between WV and Virginia | Richards: boundary matters exclusively belong to federal/state processes | Yes; circuit court had jurisdiction (not exclusive to Supreme Court) |
| Whether WV and VA are indispensable parties | Lowes: States not indispensable in private boundary action | Richards: States are indispensable to determine sovereignty | No; States not indispensable in private boundary dispute between private actors |
Key Cases Cited
- Durfee v. Duke, 375 U.S. 106 (1963) (private parties may litigate boundary location; not binding on states)
- Mississippi v. Louisiana, 506 U.S. 73 (1992) (district court may hear private-party boundary questions; states not bound by private judgments)
- Hinkle v. Bauer Lumber & Home Bldg. Ctr., Inc., 158 W. Va. 492 (1975) (when no jurisdiction, court must dismiss)
- Pauley v. Gainer, 177 W. Va. 464 (1986) (Rule 19(a) indispensability standard for parties)
- State v. General Daniel Morgan Post No. 548, Veterans of Foreign Wars, 144 W. Va. 137 (1959) (statutory interpretation: when clear, apply as written)